Though our sympathies are with the families of all passengers who unfortunately perished in the Mangalore air crash, the judgment delivered by the Hon'ble Ernakalum High Court seems to be unreasonable and a misinterpretation of the law on the subject!
Would the families of the deceased passengers actually get their due in the view of the statement made by the Min for Civil aviation that the government has decided not to challenge the order of the Ernakulam HC directing Air India to make payment of 75 lakhs each to the families of the passengers who perished in the ill-fated crash at the Bajpei Airport, Mangalore on 22-05-10? The answer remains a mystery till such time as payment is actually disbursed!
Why would the government not want to exercise its right to challenge the order of the Ernakulam High Court directing Air India to make payment of Rs.75 lakhs each to the families of the passengers who perished in the ill-fated crash at the Bajpei Airport, Mangalore on the 22nd May 2010?? If the government actually thought that the families were legally entitled to the Rs. 75 lakhs compensation, the payment could have been made as early as June-July 2010. The government/Air India needn't have waited for a case to be filed....!!!!!
Would the families of the deceased passengers actually get their due in the view of the statement made by the Min for Civil aviation that the government has decided not to challenge the order of the Ernakulam HC directing Air India to make payment of 75 lakhs each to the families of the passengers who perished in the ill-fated crash at the Bajpei Airport, Mangalore on 22-05-10? The answer remains a mystery till such time as payment is actually disbursed!
Why would the government not want to exercise its right to challenge the order of the Ernakulam High Court directing Air India to make payment of Rs.75 lakhs each to the families of the passengers who perished in the ill-fated crash at the Bajpei Airport, Mangalore on the 22nd May 2010?? If the government actually thought that the families were legally entitled to the Rs. 75 lakhs compensation, the payment could have been made as early as June-July 2010. The government/Air India needn't have waited for a case to be filed....!!!!!
its not the governments decision to challenge the order its the authorities who have to pay it have to decide if they should challenge the order. on a compassionate basis they should not challenge and just make the payment as soon as possible so that the next of kin of the victims can feel some sense of justice, although no amount of money can bring back their loved ones
ReplyDeleteThe authority that would make the money to be disbursed availavle is actually the insurance companies. However, they do not have the right to decide whether an appeal should be filed against the order. They would have to necessarily follow ...the directions from Air India for whom they are the insurers. Also, one must remember that though 'compassion' has a lpot of importance in such cases, yet, 'compassion' cannot be exercised for something which is against the prevailing law on the subject !!!
ReplyDeleteAn entire week has passed ever since the Hon'ble Minister made a statement that the Government has chosen not to challenge the order of the Ernakulam High Court and that an order has been issued to the Airlines to make payment to the families of the deceased passengers.However, no process of payments being made has been commenced till date.......what does this indicate.....couls someone answer !!!
ReplyDeleteI think if AI recovers the compensation amount from the insurance company,the High Court is likely to be challenged by the insurer. It would be absurd to expect the insurance company to bear the finacial burden of the compensation awarded by High Court, without making it a party to the writ petition. It would be interesting to know the reasoning behind fixation of 75 lakh as compenstation for each passenger. Propriety of the High Court to award such compensation in a writ petition needs to be examined. Perhaps, AI would be seeking more funds from the Central Govt.(tax payers' money) to pay the compensation amount.
ReplyDeleteThe compensation should be more
ReplyDeleteAir India has decided to appeal against the verdict passed by the High Court to pay the amount to the families of the 158 victims in spite of the verdict being welcomed by the government.When will justice finally be served to the victims? The airlines say that the verdict was not a correct interpretation of the Montreal Convention!!
ReplyDeleteFinally, the government has shown its true colours !!! Look at the way it strategized the decision of challenging the Kerela High Court order by putting the gun on Air India's shoulders. The Hon'ble Minister was not even available for comments...what does this mean ??? Therefore, the initial statement made by the Hon'ble Minister of making payments to the bereaved families within a period of one month was a farce to fool the people!!! Could someone clarify please ?
ReplyDelete